When do you need a Letter of Wishes and is it legally binding?
When you make your Will, there may be wishes that you want to express to your executors but that do not need to be included in the Will. These can go in a Letter of Wishes. We explain when to write one and look at whether it is legally binding.
Making a Will is an essential part of planning for the future and ensuring that your loved ones will be provided for in the way that you want. As well as passing on your assets securely, leaving a Will can be reassuring for those left behind, as it is a clear expression of what you want to happen when the time comes.
What is a Letter of Wishes?
A Letter of Wishes is a separate document from your Will and can be used to let your executors know what arrangements you would like made in respect of a range of issues that you do not need included in your Will, including:
Funeral wishes
While you could consider putting funeral wishes in your Will, you can also leave them in a separate Letter of Wishes. You can be as detailed as you want. You might just want to state a preference for burial or cremation. Alternatively, you might have views about where you would like to be interred or have your ashes scattered, what sort of service you want, where you would like donations to go and what music you prefer.
Instructions for guardians
If you have minor children who will cared for by a guardian or guardians, you can leave information about how you would like them to be brought up. While your guardian will be able to make their own choices, it could help them to know what you would have wanted to happen. You can consider issues such as religion, education and who you would like them to maintain contact with.
Passing on personal possessions
Your Will can note that personal possessions will be passed on in accordance with your Letter of Wishes. You can then list items that you would like to give to various friends and family members in the letter.
This includes information about whom you would like to take your pets and what care you would like them to have.
Words to loved ones
Your Letter of Wishes can be a good opportunity to explain your actions to loved ones. It might help them to understand your reasoning if you have left your estate in a certain way, for example, if there is a risk that someone might have expected more than you are leaving to them.
The letter can be helpful in showing why you made the decisions you made and could reduce the risk of legal action against your estate.
Why use a Letter of Wishes?
A Letter of Wishes is generally easier to draft than a Will, meaning that over time if your wishes change, it is relatively simple to make a new one.
It can also be a source of great reassurance to your family to know what your thinking was, and what you wanted to happen in certain circumstances and why.
Should there be a legal dispute, a Letter of Wishes could be used as evidence of your intentions.
Is a Letter of Wishes legally binding?
A Letter of Wishes is not legally binding, but you can expect your executors or other individuals, such as guardians or trustees, to follow its terms to the best of their ability.
A potential benefit of a Letter of Wishes is that it is not filed with the Probate Registry, meaning that, unlike a Will, it will not become public record.
Contact Us:
If you would like to speak to one of our expert estate planners, ring us on 01634 353 658 or email us at rob@pembrokewillwriters.com